Will of John Boon - Harris County, TX ************************************************************************** USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ Submitted by: Lilly Engleman lillyj57@aol.com *************************************************************************** WILL OF JOHN BOON, FILED SEPT. 30, 1856, HOUSTON, HARRIS CO., TEXAS. J. B. Dart, VOL. L PAGES 326-329 In the name of God, Amen: I, John Boon, of the County of Harris, in the State of Texas, of the age of forty seven years being of sound mind & memory do make, publish & declare this my last will and testament, in manner following, that is to say: First: After the payment of all my debts & just dues and after deducting expenses for a just & decent funeral I give & bequest all my estate, whatsoever, real, personal & mixed to my dear & much beloved wife Abigial Boon and my dear children, Catharine Boon, Mary Ann Boon, Daniel Boon, Julian Boon, Victoria Boon and Sarah Boon to be divided equally between them, share and share alike but during her life all & every of my estate of what nature soever, shall be under the sole management & control of my said wife Abigail Boon. Second: In carring out the previous as well as the subsequent parts of this will, I desire that the same be left to the management of my executors hereafter appointed, without the order, decree or judgment of any court in the State of Texas or in any other state or Territory that now has or may hereafter have jurisdiction of decedents Estates, but the same be left to the entire control of my executors in accordance with the provisions of this my last will. Third: It is my will, wish & bequest that no division of my said Estate by & between my wife & children as provided for in item first shall take place until the decease of my said wife, Abigail but shall remain as aforesaid under her entire management and control, for the mutual benefit of all with power to sell, exchange or convey all or any part thereof as she may deem best for herself & children without control in anyway from persons or courts. Fourth: Upon the arrival at the age of twenty one years, or marriage of any of my aforesaid children, it is my will, wish & bequest that my dear wife, Abagail shall if she thinks best & advisable make them such an advance or advances as she may think conductive to their interest or withhold the same according to her judgment keeping an account of the same to the end that all may be equally benefitted. Five: I will & desire that any child or children hereafter be gotton & born or born after the execution of this will be gotton by me upon the body of said wife shall take equal benefits under this will with my aforenamed children. Sixth: It is my will & wish that all my Estate so willed as above or any portion of same may be removed at any time or to any place without hindrance or permission from any constituted or may be constitued authority by my said wife. Seventh: I do hereby hereby appoint my wife, Abagail, and my food & trusty friend Leonard Groce of the County of Austin, the Sate of Texas, as my executors to carry into effect this my last will & testament. It is further my will that my wife should in all matters & things in which she may desire, advise to consult my said executor Leonard Groce but in nowise shall a difference of opinion by & between control my said wife, but in all thing shall her individual acts be confirmed. Eighth: It is my will & wish that no security be required of either of my executors for the faithful execution of this will by any court of courts having entire confidence in the honestly & integrity of each. Ninth: In the event of the death of either of my aforenamed children, without child or children or lineal decendants than and in that case her or his of their shares shall fall back to the Estate among the survivors, but should the deceased child or children leave heirs as just mentioned above, then & that case they shall take the share of the parent. Lastly: This last will & testament is confined to my estate that is now or may be at my death within the state of Texas & upon the death of my wife executrix as aforesaid my executor Leonard Groce aforenamed shall act in carrying out the provisions of will & as guardians of my minor children. In Witness of all the above, I have hereunto set my hand & scrawl for seal on this the twenty first (21st) day of March in the year of our Lord One Thousand Eight Hundred & Fifty Six. (A.D. 1856) John Boon, (Seal) In presence of the following witnesses: S.S. Tomkins, W.R. Baker, Wm. Anders PETITION FOR PROBATE OF WILL FILED SEPT. 9, 1856 The State of Texas, County of Harris. To the Honl. the County Court of Harris County, sitting as a Court of Probate. Your petitioner Abagail Boon, a resident of said County respectfully represents that her husband John Boon died in Harris Co. about the__day of __A.D. 1856 leaving a will wherein your petitioner & Leonard W. Groce are appointed executors thereof; that said will, which is herewith filed is dated March 21, 1856 & is signed by John Boon, & witnessed by S.S. Tomkins, W.R. Baker, & Wm. Anders, that in said will it is provided that no bond or security shall be given by the executors & that no action be taken by the court further than is necessary to appoint & qualify the executors. Your petitioner therefore prays that said will may be probated & registered & that letters testementary issue thereon. Abigail Boon, Let notice of the filing hereof be given as the law direct Sept. 8, 1856. Chs. Shearn, Chief Justice of Harris County. Filed Sept. 8, 1856 & notice of this application this day given by me as the law directs. J. B. Dart, Clerk PROOF OF WILL FILED SEPT. 30, 1856 The State of Texas, Harris Co. In the matter of the application of Abigal Boon, for the probate of the last will & testament of John Boon, dead. W.R. Baker appeared in open court & being duly sworn testified as follows: " I was well acquainted with John Boon, he died on or abt. the _day of_A.D.1856, he was at the time of the execution of his last will of sound mind, through in bad health. He called upon me to witness his will. I saw him sign it, Mr. Tomkins & Mr. Anders also witnesed it, he signed the same as witnesses in the presence of said Boon, he acknowledged the name to be his last will. I am _years of year, the other witnesses to said will are each over 21 yrs. of age, & we are all residents of Harris Co. Mr. Boon was a resident & died in said Co., the paper hereto attached, dated Mch. 21, 1856 is the one alluded to & called a will. W.R. Baker, Sworn to & subd. before me, Sept. 30, 1856, J.B. Dart, Clerk, Oath of Ex. Filed Sept. 30, 1856. OATH OF EXECUTOR I, Abigail Boon do solemly swear that the writing which has been offered for Probate is the last will & testament of Jno. Boon, dead, so far as I know or believe & that I will well & truly perform all the duties of executor under said will of the Estate of said John Boon, Abagail, her x mark Boon, sworn to & subscribed before me, Sept. 30, 1856. J.B. Dart, Clerk. INVENTORY FILED DECR. SEPT. 30, 1856 Inventory of the Estate of John Boon, Decd.; 1000 acres of land originally granted to W.R. Hamblin $3000, 1700 acres of land originally granted to P. B. Hamblin $255, 100 head of cattle $600, money at interest $2000. Total $5,855 I certify that the above is a correct inventory of the estate of Jno. Boon, so far as the same has come to my knowledge. Abigal her x mark Boon, sworn to & subd. before me Sept. 30, 1856. J.B.Dart, Clerk. We certify that the above is a correct appraisement of the property of the Estate of John Boon to the best of our judgment. R.A. Hanks, R.S. McColaugh, Appraisers. Sworn to & subd. before me Sept. 30, 1856, J. B. Dart, Clerk. PROBATE OF WILL On this the 30th day of Sept. A. D. 1856, came on to be heard the application of Abigail Boon, for the probate of the last will of John Boon, dead, late of Harris Co. and it being first proved, that due notice of the application has been given by the Clerk in terms of the statute and no one appearing to oppose the same & the testimony of William R. Baker, whose name appears as a subscribing witness to the alleged will was taken in writing subscribed & filed of record. Whereupon it is considered, ordered, adjudged & decreed by the court that the paper filed with the application, dated the 21st day of March A.D. 1856, signed by John Boon & witnessed by S.S. Tomkins, W.R. Baker & Wm. Anders be & the same is hereby declared established & probated as the last will & testament of John Boon, dead, and that the same be registered & that letters testamentary according to the terms of the will be issue to Abigail Boon, without bond or security upon her taking the oath prescribed. Whereupon the said Abigail Boon, appeared in open court & was sworn & duly qualified. It is also ordered that she file an Inventory appraised by R. A. Hanks, R.S. McColaugh & J. C. Stafford, who are hereby appointed appraisers of said estate. Whereupon the said appraisers returned an inventory duly sworn to which being examined is approved & ordered to be entered of record. Whereupon this estate is dismissed from the docket. PETITION FOR GUARDIANSHIP, VOL. N PAGES 283-288, HARRIS CO., TEXAS, filed Nov. 30, 1859 Minors of John & Abigail Boon Be it remembered that the following proceedings were had before the County Court of Harris Co. in the matter of the estate of the minors of John & Abigail Boon, dead, as follows, to-wit: To the Hon. the County court of Harris County. Your petitioner, R.S. McCollough a resident of said county, respectfully represents that Mrs. Abigail Boon, departed this life abt. the 17th day of Nov. 1859, in the county of Harris, where she resided leaving a considerable amount of property also leaving the following children in said county & residents thereof, without a guardian to-wit: Daniel Boon aged abt. 18 yrs, Julia Ann Boo aged abt. 16 yrs. & Victoria Boon aged abt. 12 yrs., and Mary Ann McCollough the wife of your petitioner, that said four children are entitled as the heirs to all the property of the estate of Jno. Boon & the said Abigail Boon, and that in order that they may receive their respective shares therof. Your petitioner prays that citations may issue & that a suitable person or persons may be appointed their guardian. R.S. McCollough Notice hereof this day given by me as the law directs Nov. 30, 1859. J.B. Dart, Clerk. From the minutes Nov. Term 1859. The petition of R. S. McCollough for guardianship of these minors having been filed. It is ordered that notice thereof be given as the statute requires and that citations issue to Daniel Boon, and Julia Ann Boon, two of said minors who are over the age of 14 yrs. returnable to the next term. PETITION OF DANIEL BOON filed Decr. 30, 1859 To the Hon. County court of Harris Co. Your petitioner Danl. Boon, would respectfully represent to your Honor that his mother, Mrs. Abigail Boon, departed this life on the 17th Novr. 1859, that as an heir of the said deed he is entitled to his share of the property of said deed, that he is under the age of 21 yrs. & therefore not entitled under the law to take the proper charge of his property which it would require. He therefore prays that Mr. E. Roider be appointed by your Hon. Court, guardian of his property & person, Daniel Boon. PETITION OF JULIA A. BOON filed Decr. 30, 1859 To the Hon. County court of Harris Co. Your petitioner Julia Ann Boon, would respectfully represent that her mother, Mrs. Abigail Boon, departed this life on the 17th Novr. 1859, that as an heir of said Mrs. Abigail Boon, she is entitled to her share of the property of said deceased, that she is without a proper grardian, she therefore prays your Honor that you will appoint Mr. R. S. McCollough her guardian and as in duty bound , Julia A. Boon. APPT. OF GUARDIAN, FROM THE MINUTES DECR. TERM, 1859 The petition of R. S. McCollough, praying that guardian of these minors may be appointed as the law directs, coming on to be heard & it appearing to the court that due notice of the filing of said petition has been given by the clerk as the statute requires & no one appearing to oppose the same, & it also appearing that citations have been duly issed & served upon Daniel Boon and Julia A. Boon, two of said minors, who are over the age of 14 yrs. & the said Daniel Boon this day appearing in open court, made choice of Edward Roider to be his guardian & it appearing to the court that the said Edward Roider is a fit & proper person. It is ordered, adjudged & decreed by the court that the said Edward Roeder be & he is hereby appointed guardian of the said minor, Daniel Boon with full powers as such subject to the orders of the court. It is also ordered that he file an inventory of all the property belonging to said minor duly apprised & that he also execute a bond in double the amount of such inventory, contitioned as the statute requires. And the said Julia A. Boon, having also appeared in open court & made choice of R. S. McCollough. And it appearing to the court that the said R. S. McCollough, is a fit & proper person to have said guardianship. It is therefore ordered, adjudged & decreed by the court that the said R. S. McCulloug be & he is hereby appointed guardian of the person & estate of the said Julia A. Boon, decd., with full powers as such, subject to the orders of the court. It is also ordered that he file an inventory of all the property belonging to said minor duly appraised, & that he also file a bond in double the amount of such inventory, conditioned as the statute requires. It is also ordered, adjudged & decreed by the court that R.S. McCullough be & he is hereby appointed guardian of the pwerson and estate of the minor Victoria Boon, with full powers as such subject to the orders of court. It is also ordered that he file an inventory of all property belonging to said minor, duly appraised, & that he also execute a bond in double the amount of sunch inventory, conditioned as the statute requires. PETN. FOR DISTRIBUTION, FILED JANY. 31, 1860 The State of Texas, County of Harris. In county court, Jany. Term, 1860. To the Hon. Charles Shearn, Chief Justice of Harris Co. Your petitioner R.S. McCollough would respectfully represent that about the _day of _1856, John Boon departed this life in the county of Harris, that he left a will which was duly probated in your Honor's court, which said will is recorder on Harris Co. Probate Records book L, pg. 325. He further represents that by said will all of the property of said John Boon, decd., was left to Abigail Boon the wife of said Boon & to his children 6 in number share & share alike, whose names were as follows, to-wit: Catharine Boon, Mary Ann Boon, Daniel Boon, Julia Ann Boon, Victoria Boon, Daniel Boon, that by said will Abigail Boon, wife of said Boon, decd., and Leonard Groce were appointed executors of the said will. Petitioner further represents that on or abt. the 17th day of Nov. 1859, Abilgail Boon, wife of the _Boon, decd., as afore said, & one of the executors of the said will departed this life in the county of Harris & that Leonard Groce the other executor of the sadd will has failed & refused & still fails & refuses to act as executor in carrying out the provisions in said will or any part thereof, & that the estate of the said John Boon, decd., now remaines without any proper or legal representative. Your petitioner further represents that since the decease of the said John Boon, and since the probate of the said will, two of the children and heirs of the said John Boon have died, viz: Catharine and Sarah Boon, and there now remains 4 children as the sole heirs of the said John & Abigail Boon, decd, viz: Mary Ann, Daniel, Julia Ann, & Victoria Boon. Petitioner further represents that he is the husband of the said Mary Ann Boon, one of the children & heirs of the said John & Abigail Boon, Decd., & he further represents that at the Decr. Term 1859, your petitioner was appointed guardian of the said Julia Ann & Victoria Boon, & also at the same term of your Hon. Court one Edward Roider was appointed the guardian of the said Danl. Boon, that the property of said estate is in such a condition that a division would be necessary & required. Your petitioner therefore prays that Commissioners be appointed to make a division of the property belonging to the said Est. of John & Abilgail Boon, decd. And as in duty bound your petitioner will ever pray. R. S. McCollough FROM THE MINUTES JAN. TERM 1860 In the matter of the petition of R. S. McCollough filed on the 31st day of Jan. 1860, for a distributiion of the property belonging to this estate, among the heirs thereof the same coming on to be heard, & it appearing to the court that by the last will & testament of the said John Boon, property belonging to this estate we left to his widow, Abigail Boon, and after her death to the children of the said John & Abigail Boon, share & share alike. And it also appearing that the said Abigail Boon has departed this life & that the following are all the surviving children, to-wit: Mary Ann McCollough, the wife of the petitioner, Danl. Boon, Julia Ann Boon, and Victoria Boon, & that there still belongs to the estate certain real & personal estate, as described in the inventory filed with said petition & it also appearing that the minor Julia A. & Victoria Boon are represented by R. S. McCollough, their guardian & that the minor, Danl. Boon is represented by his guardian, Edward Roider. It is ordered, adjudged & decreed by the court that W. H. Riley Gottlieb Pitchman, Henry Fitzimmons & G. F. Burkhardt be & they are hereby appointed commissioners to partition & divide said property among said heirs & that they make report of their proceedings to the court at the next Term. REPORT OF COMMISSIONERS, FILED FEBY. 6, 1860 The State of Texas. County of Harris. We, the undersigned coms. appointed by the Hon. Probate Court of Harris Co., at its Jany. Term 1860. After having been duly sworn, have made the partition of the property, real & personal of the estate of the late John & Abigail Boon, & thinks that said partition, as close as our knowledge gone, is right & just for every party without any favor to one or the other. Miss Julia Boon 380 acres of land $1400 " " " improvements 500 Lumber 135 2 pairs of gears 1 Total $2136 Miss Victoria Boon 480 acres of land $1920 Improvements 200 12 pillars 6 4 comforts 4 Total $2130 Mrs. Mary Ann McCollough 738 acres of land $1476 170 do 300 2 mules 333 1 safe & stove 1.50 3 tables & 3'bid chairs 4.75 2 bedstads 10 Total $3130.25 Danl. Boon 738 acres of land $ 738 200 do 800 Cash 362 7 workstand, 1 meat 3 tables & 3'bid chairs 4.75 cutter 176 1 clock, 4 matrasses 19 2 bolokers & hogs, cut wtr. & hrrws 25 1 plough, 2 kittels, 1 desk 1 Total $2127 The chattel to be divided after gathering. We do solemnly swear that the other part partition is just and true according to the best of our knowledge. So help us God. Cypress, this 2" day of February 1869, Wm. H. Reiley, G. Pitchman, M. Benchardt. I do certify that the above instrument has been sworn and subscribed before me. P. Christian, a Justice of the Peace, this 2" of February, 1860. P. Christian, J.P.H.C.